(1) A pastoral lease
subsisting under the repealed Act immediately before the appointed day (
existing pastoral lease ) continues in existence subject to this Act, as if it
had been granted under this Part.
[(2)-(4) deleted]
(5) An application
made under section 98(11) of the repealed Act but not disposed of under that
section before the appointed day may be disposed of under that section as if
the repealed Act had not been repealed.
(5a) If an application
is disposed of under section 98(11) of the repealed Act either before or after
the appointed day by the lessee accepting the offer of a lease or an extension
of a lease, as the case may be, the grant or extension commences immediately
upon the expiration of the lease concerned in relation to any land subsisting
in the lease at the expiration of the lease.
(6) If a lessee of a
pastoral lease —
(a) was
entitled under section 98(11)(a) of the repealed Act to make an application at
any time during 1995 but did not do so; or
(b) was
granted the lease between 1 January 1996 and 29 March 1998 (both inclusive),
the Minister may
—
(c)
treat that lessee or the successor in title as if he or she had made an
application under that section (the deemed application ); and
(d)
consider and determine the matters referred to in section 98(11)(a) of the
repealed Act in relation to the deemed application and give the lessee or the
successor in title notice in writing of his or her decision not later than the
day that is one year after the day on which section 38 of the Land
Administration Amendment Act 2000 comes into operation or such other day as is
prescribed.
(6a) A notice given to
a lessee or a successor in title under subsection (6)(d) is deemed to be an
offer of a lease or an extension of a lease, as the case may be, at the rent
and on the other terms and conditions specified in the notice.
(6b) The lessee or the
successor in title may accept the offer referred to in subsection (6a) on or
before the day specified in the notice, which day is not to be less than one
year after the day on which the notice is given.
(6c) Subject to
subsection (6g), if the lessee or the successor in title accepts the offer of
a lease or an extension of a lease, as the case may be, under subsection (6a),
the grant or extension commences immediately upon the expiration of the lease
concerned in relation to any land subsisting in the lease at the expiration of
the lease.
(6d) The Minister may
for a public purpose exclude land from a lease granted or extended under
subsection (6c) by giving a notice in writing under subsection (6e) to the
lessee or successor in title to the lease not later than 2 years after the day
on which section 38 of the Land Administration Amendment Act 2000 comes into
operation.
(6e) The notice under
subsection (6d) is to contain the following information —
(a) a
description of the area of land to be excluded from the lease; and
(b) the
reason for the land being excluded from the lease; and
(c) any
reduction in the rent payable under the lease as a result of the exclusion of
the land from the lease; and
(d) any
proposed variation in the conditions of the lease as a result of the exclusion
of the land from the lease; and
(e) that
the land is to be excluded from the lease or extension concerned upon the
commencement of the lease or extension, as the case may be.
(6f) If a lessee is
given a notice under subsection (6d) the lessee may —
(a)
accept the conditions contained in the notice; or
(b)
withdraw from the lease; or
(c)
enter into negotiations with the Minister on the area to be excluded from the
lease or the rent to be paid as a result of the exclusion of the land from the
lease.
(6g) If agreement is
not reached on the matters referred to in subsection (6f)(c) by the day that
is 2 years, or such longer period as may be prescribed, after the day on which
the notice was given to the lessee (the final day ), the lessee is to be
regarded as having withdrawn from the agreement to lease or to extend the
lease on the final day.
(6h) If land is not to
be excluded from a lease granted or extended under subsection (6c) for a
public purpose, the Minister may give notice in writing to that effect to the
lessee not later than 2 years after the day on which section 38 of the Land
Administration Amendment Act 2000 comes into operation.
(6i) If a notice is
not given by the day specified in subsection (6d) no land may be excluded from
the lease under that subsection.
[(7)-(9) deleted]
(10) In this section
—
public purpose means for the purpose of a public
work within the definition of the expression public work in the Public Works
Act 1902 , conservation, a national park, a nature reserve or a purpose which
serves or is intended to serve the interests of the public or a section of the
public.
[Section 143 amended: No. 59 of 2000 s. 38; No. 32
of 2009 s. 6: No. 4 of 2023 s. 70.].]